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HomeMy WebLinkAbout159-09 RESOLUTIONRESOLUTION NO. 159-09 A RESOLUTION APPROVING A VARIANCE OF THE UNIFIED DEVELOPMENT CODE SECTION 164.12(F) NONCONFORMING USES AND STRUCTURES, REPAIRS AND MAINTENANCE, AND SECTION 166.18 MASTER STREET PLAN SETBACKS, ALLOWING THE EXISTING STRUCTURE LOCATED AT 612 N. COLLEGE AVENUE TO REMAIN WITHIN THE MASTER STREET PLAN RIGHT-OF-WAY AND TO 13E IMPROVED GREATER THAN THE 10% REPLACEMENT COST ALLOWED BY CODE, WITHIN THE EXISTING LIMITS OF THE STRUCTURE. WHEREAS, the Master Street Plan right-of-way for this portion of North College Avenue, a Principal Arterial, requires 48.5 feet from centerline and consequently bisects the existing structure resulting in a building that encroaches into the Master Street Plan right-of-way setback; and WHEREAS, Section 166.18 of the Unified Development Code does not permit improvements to buildings that lie within the Master Street Plan right-of-way setback; and WHEREAS, Section 164.12(F) of the Unified Development Code states that existing nonconforming structures may not be improved or repaired to any extent exceeding 10% of the current replacement cost of the non-confoiniing structure in any period of 12 consecutive months; and WHEREAS, the existing structure on the subject property would have to be removed or substantially altered for redevelopment if required to comply with the current Master Street Plan; and WHEREAS, the applicant and property owner wishes to improve the dilapidated structure to provide a commercial service to the area; and WHEREAS, this section of North College Avenue is improved to four lanes and any needed future improvements could accommodate the existing building with some additional right-of-way; and WHEREAS, in consideration for encroachment into the Master Street Plan right-of-way, the property owner agrees to dedicate an additional three (3) feet of right-of-way to the City along College Avenue to total an amount of thirty-three (33) feet from street centerline along the property frontage to accommodate future street improvements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 2 Resolution 159-09 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a variance of Section 164.12(F) of the Unified Development Code, permitting the structure to be improved as needed so long as the cubic content or original footprint of the building is not expanded. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a variance of Section 166.18 Master Street Plan Setbacks, permitting the existing structure to remain in its current location as depicted on Exhibit "A", provided that said approval in no way prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for widening of adjacent streets. Section 3: That the approval is conditioned upon the property owner dedicating, by warranty deed, a total of 33 feet from centerline of College Avenue (approximately 3 additional feet) to the City in consideration of the variance requests. PASSED and APPROVED this 21st day of July, 2009. APPROVED: B -mo. y:. ��-.�s.. Z411* y L!O ELD JO ,PAN, Mayor ATTEST: By: b- SONDRA E. SMITH, City Clerk/Treasurer Autd- BOUNDARY SURVEY 612 N. Colley, Avenue PXISTING BUILDING Exhibit "A" MISTING BUILDING 514 c�: Andrew Garner Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/21/2009 City Council Meeting Date Agenda Items Only Planning Division Action Required: Development Services Department ADM 09-3333: (612 N. College Avenue ROW Variance) Submitted by Bates and Associates for property located at 612 N. College Avenue requesting a variance of the Master Street Plan setback for 612 North College Avenue in the manner indicated to allow the existing building footprint to remain in its current location and be improved. Cost of this request Account Number Project Number Category / Project Budget $ Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 1-7 Etto Previous Ordinance or Resolution # Depa e t Dir -c'• r Date Original Contract Date: Cityrney b --Z4-6 t Original Contract Number: Date Finance and Internal Services Director 4"fdc."--- C i t / Ma .r C.- x9 - zoo? Date ate Comments: Revised January 15, 2009 City Council Meeting of July 21, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate, Development Services Director Date: June 12, 2009 Subject: Right-of-way setback variance at 612 North College Avenue (ADM 09-3333) RECOMMENDATION Planning Staff recommends approval of a resolution allowing a variance of Unified Development Code Chapter 166.18 Master Street Plan setbacks for 612 North College Avenue in the manner indicated to allow the existing building footprint that encroaches into the Master Street Plan right-of-way to remain and be improved. Staff recommends that the improvements not expand the cubic content or original footprint of the building. BACKGROUND The applicant proposes to remodel the existing structure at 612 North College Avenue to utilize it for a skating rink. The building was constructed in 1950 according to Washington County parcel records, and been used for a variety of commercial uses over the years. A survey of the property indicated that the structure is located approximately 10.7 feet into the Master Street Plan right-of-way. The Board of Adjustment on Monday, June 1, 2009 voted to approve a proposal to bring the non -conforming building setback into compliance. In addition to Board of Adjustment approval, a variance of the Master Street Plan setback ordinance is required to be approved by the Fayetteville City Council in order to permit the nonconforming structure that is located within the College Avenue Master Street Plan right-of-way to be improved more than 10% of its current replacement cost. Chapter 166.18 of the Unified Development Code does not permit the establishment of new structures or improvements within the Master Street Plan right-of-way. BUDGET IMPACT None. City Council Meeting of July 21, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Andrew Garner, Senior Planner Date: June 29, 2009 Subject: Agreement to Dedicate Additional Right-of-way at 612 North College Avenue (ADM 09-3333) Attachment: Signed Warranty Deed from Property Owner at 612 North College Avenue The subject property owner has drafted, signed, .and notarized a warranty deed dedicating an additional three feet of right-of-way to the City along their College Avenue frontage. Staff is in the process of reviewing the warranty deed and will be working with the applicant to ensure the legal description and format is acceptable to the City prior to recordation. It is staff's opinion that this signed and notarized warranty deed adequately documents the applicant's agreement to dedicate additional right-of-way in consideration of the City granting the subject variance request. (Part of) Parcel No. 765- -000 Right -of -Way WARRANTY DEED BE IT KNOWN BY THESE S-nPRESENTS: f p THAT 1 `krms n 1% n UV i 11 ; p / hereinafter called GRANTOR(S), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to wit: A PART OF LOT 1, BLOCK "A" IN MAPLEWOOD ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°50'25"E 500.00' AND S 87°20'30"E 30.00' FROM THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND RUNNING THENCE NO2°50'25"E 200.00', THENCE S87°20'30"E 2.75', THENCE S02°33'08"W 200.00', THENCE N87°20'30"W 3.75' TO THE POINT OF BEGINNING, CONTAINING 649.6 SQUARE FEET MORE OR LESS. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. r+� W TNESS the execution hereof on this �3 --day of J tU'L 2009. STATE OF ARKANSAS COUNTY OF WASHINGTON ) ACKNOWLEDGMENT ) ss. BE IT REMEMBERED, that on this date, before the ursigned, a duly �coommissioned and acting Notary Public within and for said County and State, personally appeared '" � �� ��t....33-�, V\ , to me well known as the persons who executed the foregoing document, and Who stated and acknowledged that he/she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this MY COMMISSION EXPIRE Si/ day of OFFICIAL SEAL SARAH E. ON NOTARY PUBLIC LARKANSAS WASHINGTON COUNTY COMMISSION # 12367410 COMMISSION EXP. 08/12/2018 , 2009. RESOLUTION NO. A RESOLUTION APPROVING A VARIANCE OF THE UNIFIED DEVELOPMENT CODE SECTION 164.12(F) NONCONFORMING USES AND STRUCTURES, REPAIRS AND MAINTENANCE, AND SECTION 166.18 MASTER STREET PLAN SETBACKS, ALLOWING THE EXISTING STRUCTURE LOCATED AT 612 N. COLLEGE AVENUE TO REMAIN WITHIN THE MASTER STREET PLAN RIGHT-OF- WAY AND TO BE IMPROVED GREATER THAN THE 10% REPLACEMENT COST ALLOWED BY CODE, WITHIN THE EXISTING LIMITS OF THE STRUCTURE. WHEREAS, the Master Street Plan right-of-way for this portion of North College Avenue, a Principal Arterial, requires 48.5 feet from centerline and consequently bisects the existing structure resulting in a building that encroaches into the Master Street Plan right-of-way setback; and WHEREAS, Section 166.18 of the Unified Development Code does not permit improvements to buildings that lie within the Master Street Plan right-of-way setback; and WHEREAS, Section 164.12(F) of the Unified Development Code states that existing nonconforming structures may not be improved or repaired to any extent exceeding 10% of the current replacement cost of the non -conforming structure in any period of 12 consecutive months; and WHEREAS, the existing structure on the subject property would have to be removed or substantially altered for redevelopment if required to comply with the current Master Street Plan; and WHEREAS, the applicant and property owner wishes to improve the dilapidated structure to provide a commercial service to the area; and WHEREAS, this section of North College Avenue is improved to four lanes and any needed future improvements could accommodate the existing building with some additional right-of-way; and WHEREAS, in consideration for encroachment into the Master Street Plan right-of-way, the property owner agrees to dedicate an additional three {3) feet of right-of-way to the City along College Avenue to total an amount of thirty-three (33) feet from street centerline along the property frontage to accommodate future street improvements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a variance of Section 164.12(F) of the Unified Development Code, permitting the structure to be improved as needed so long as the cubic content or original footprint of the building is not expanded. Page 2 Res. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a variance of Section 166.18 Master Street Plan Setbacks, permitting the existing structure to remain in its current location as depicted on Exhibit "A", provided that said approval in no way prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for widening of adjacent streets. Section 3: That the approval is conditioned upon the property owner dedicating, by warranty deed, a total of 33 feet from centerline of College Avenue (approximately 3 additional feet) to the City in consideration of the variance requests. PASSED and APPROVED this day of , 2009. APPROVED: ATTEST: By: .. By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer FlC31r BOUNDARY SURVEY 612. N. Cotte9e Avenue 00 90 ORAmilc Fayetteville Unified Development Code 164.12 Nonconforming Uses And Structures (F) Repairs and maintenance. (1) On any nonconforming structure or portion of a structure containing a nonconforming use, work may=be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 1,0%, of the current replacement .cost. of the ,•nonconforming structure, or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. 166.18 Master Street Plan Setbacks city shall require the applicantldevelot- f way :setback bine requrrenients for streets= Cy d highways designate reef Many Such setback line shall be considered the property line for such purpose of satisfying the requirements of the UDO. All building setbacks, required landscaping, parking lots, display areas, storage areas and other improvements and uses shall be located outside of such established setback area. The required width of setbacks, landscaped areas, buffers, and all other setback requirements shall be dimensioned from the established right-of-way setback line. The establishment of any new structure or other rnpravexnents withn`the .0f -way. $etback �sprh�€b re THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Board of Adjustment FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: May 27, 2009 Updated June 5, 2009 BOA Meeting ofJune 01, 2009 125 W. Mountain Si. Fayetteville, AR 72701 Telephone: (479) 575-8267 BOA 09-3303 (DEWITT GOFF / 612 N. COLLEGE, 446): Submitted by BATES & ASSOCIATES for property located at 612 N. COLLEGE, THE NE CORNER OF DAVIDSON ST. AND COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.38 acres. The request is for a front building setback variance to bring an existing non -conforming structure into compliance. Planner: Andrew Garner BACKGROUND: Property Description: According to County records, the subject property was developed with a commercial building in approximately 1950_ The existing building is located approximately 37 feet from the centerline of College Avenue, within the Master Street Plan right-of-way, which is 48.5 feet from the centerline of College Avenue. SURROUNDING LAND USE AND ZONING Direction from Site Land Use Zoning North and West Commercial C-2 South Commercial; Residential C-2; RSF-4 East Single -Family Residential R -O; RSF-4 Proposal: The applicant is requesting a variance from the front setback requirement along College Avenue of 25 feet to bring the existing building into compliance with current setback requirements. Variance Issue Ordinance Requirement Applicant's Request Front Setback (College Avenue) 25' * 0' (a 25' variance) *Thefront setback is reduced from S0' to 25' because there is no parking between the building and College Avenue. K: 1Reports120091BOA Reports106-0I-091BOA 09-3303 (612College_DetiviuGoff).doc RECOMMENDATION: Staff recommends approval of the requested front setback variance for the existing building as shown on the attached survey with the following conditions: 1. Future alterations or additions to the existing structure shall meet required building setback regulations from the Master Street Plan right-of-way, unless otherwise approved by the Board of Adjustments. Approval of this variance only applies to the existing structure, and no future expansions. 2. Prior to issuance of a building permit, a Master Street Plan right-of-way variance to reduce the College Avenue right-of-way for this property is required to be approved by City Council to allow for the existing building footprint to remain in the Master Street Plan right-of-way and be improved. Any alteration or additions to the existing structures shall meet required regulations for improvementsto nonconforming parking lots. 4. All required permits shall be granted prior to any construction or additions to the existing structures. Additional Conditions/Comments: CITY PLAN 2025 LAND USE DESIGNATION: City Neighborhood Area FINDINGS: City of Fayetteville Unified Development Code Section 156.02 Zoning Regulations Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: K: Reports120091BOA Reportr106-01.091130A 09-3303 (612College_DewittG4-doc Special Conditions. That special conditions and circumstances exist which are peculiar to the land,structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: There are special conditions and circumstances that exist for this building. The existing structure was constructed in 1950, well prior to the adoption of the City'szoning ordinance. Consequently, the structure is located within the required building setback and Master Street Plan right-of-way, necessitating a setback variance to bring the building into compliance. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would greatly reduce the applicant's ability to improve or expand the existing structure on the property. The existing building could be retained onthe property, but without a variancefuture improvements would be limited by Chapter 164.12. Thus, literal interpretation would deprive the applicant of rights commonly enjoyed by other properties in the same district. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: Special conditions or circumstances are not the result of the actions of applicant. The location of the existing structure was determined when the property was developed in 1950, prior to the adoption of the City's zoning regulations. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested setback variance will not confer special privileges on the applicant. The applicant is requesting approval to bring the existing structure into compliance in general, and to permit improvements to the existing nonconforming structure that was built prior to adoption of the zoning regulations. 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No other nonconformities were considered as a basis of the findings stated in this staff report. K: lRepore020091BOA Reporu106-01-091BOA 09-3303 (6120 llege_DewvittGgjf).doc Section 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday, June 01, 2009. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding:- The requested - setback variance is the minimum variance necessary to accommodate the existing structure on the subject property. b. Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare: Finding: Granting the variance will be in harmony with the general purpose and intent of zoning regulations, and will not be injurious to the neighborhood. The building has existed in its current condition for almost 60 years, which is consistent with many of the properties north of downtown and south of North Street, that were developed many decades ago prior current zoning regulations. c. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff has recommended conditions for this request which are stated on page one of this report. d. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The use is permitted in the zoning district. K.1Reports 2009180A Reporfs106-01-09113OA 09-3303 (6!2Co11ege_DewittGofJ).doc Bates Associates, I nc_. Civil Engineering c& Surveying 91 W. Colt Square Dr./ Suite 3 / Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 May 8, 2009 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Variance Request Dear Planning Staff, The proposed project is located at 612 N. College. Currently, this is a vacant building which has all City Utilities. The project consists of remodeling the inside of the building, and closing the drive onto College and onto E. Davidson Street. Dewitt Goff is the current property owner. The property is zoned C-2 and has a building setback of 50'. As stated above, the building is existing and is located approximately eight (8') from the existing right of way. Therefore, my client would like to request a 4, ' setback variance. If you have any questions or required additional information, please feel free to call. Sincerely, Bates & Associates, Inc. Geoffrey H. Bates, P.E President of Engineering nates Associates,.I nC_ Civil Engineering Surveying 91 W. Colt Square Dr. Suite 3 / Fayetteville, AR 72703 P1 -I: 479-442-9350 * FAX: 479-521-9350 May 8, 2009 Chairman of the Board Board of Adjustments City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Variance for building setback Dear Chairman, This letter is to address item 7 on the variance application checklist. The proposed project is located at 612 N. College and is currently a vacant building with all City Utilities. The project consists of remodeling the inside of the building, and closing the drive onto College and onto E. Davidson Street. Dewitt Goff is the current property owner. The property is zoned C-2 and has a building setback of 50'. As stated above, the building is existing and is located approximately eight (8') from the existing right of way. Therefore, my client would like to request a 4$' setback variance. ot The following is the four criteria required by ordinance: a. This is an existing building that was zoned C-2. As is, the building is located in the setback. b. This is an existing building that was placed in the building setback due to the C-2 zoning designation. c. The circumstances result from it being an old existing building in a new C-2 zoning. d. This variance will not confer on the applicant any special privilege that has not already been granted to other property owners along 71B. If you have any questions or required additional information, please feel free to call. Sincerely, Bates & Associates, Inc. Geoffrey H. Bates,'P. President of Engineering lime: 3:53 pm Dra.isg Nomc 09\GOO \09-096\Engineesng\Current Dray ngs\Site p2at.drg Date: 5/27/2909 Scmc I=JD (PS] tsefs uses COA WA. ek1E5-AR. base. 2406 IOW APYNox _Lhcn x• SEWER S orscorw 20000• 502?51725. w Copyright 12008 San 0 Assodates. Inc. • Bates J Associates, I nc. •• n ••n•10e�`°°a Clog Engineering & &reeling 3.1 rL cdwy<. FPYrto,.......E.nszs 22-111s- e11.4 -1.2e350 ra. -111,521nse SKATING RINK SITE IMPROVEMENT PLAN SITE PLAN FAYETTEVILLE, ARKANSAS CReVPt BY: J. YOU. ENGINEER: c RATES REVISIONS DA TE H , of 1 j11 \ �' � I I �': i®SII _ N 1 -�� 1 1 [ 11 I Wfr12Y.` W.Leit%7 i i I u 441', i1 III F ii i : f J l( 1 fL(I r't IA3 WLERNONE (UNOEBOPOUNO) RLERHRNL (0bEP.E1C) � o. raxZR nOLE PROFCNW LNC (Cr>FRNL) hVA"NINL WALL gg CLECLiIOu. (wvENwwlvo) M OESCRInnON ASPHALT (EOM ASPHALT (LUAIALE) BOLLARD rtunn1Na BUCOINC SETBr.CN LINE CABLE N (UNOERCROUNO) nAA as aaom �M cNm m"__=p.' o2 afIlj��s u� cc,A^, N «� a-ate'�o€S' . a„ r �f z_,� E n$ xos 2 'n �.7 .7�2 -: ^'o:« �� � Nn ftp AATt 2a - A s ��oPdg • Bates J Associates, I nc. •• n ••n•10e�`°°a Clog Engineering & &reeling 3.1 rL cdwy<. FPYrto,.......E.nszs 22-111s- e11.4 -1.2e350 ra. -111,521nse SKATING RINK SITE IMPROVEMENT PLAN SITE PLAN FAYETTEVILLE, ARKANSAS CReVPt BY: J. YOU. ENGINEER: c RATES REVISIONS DA TE GOFF/612 N. COLLEGE AVE. ST 73 --o/+VIOSON sr _'— — -- F?avrasON sr_ DAVIDSON ST 0 37.5 75 150 225 300 Feet Legend e..4 BOA093303 =C.2% Change Raodplan (500 - yr Floodplain} Zoo. A, 1!S Chance Floodplain 1100- W Floatlplain1 Zone AE, SSC Chance Roodplan (100 • yr Floodplain gM 2007 Footprints fS .. Design Overlay OisYmcl Plannng Area anJ3 si 4 Overview Legend Subject Property Boundary 0 0.375 0.75 1.5 M iles